TERM AND CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of www.yourdomain.com or website.
The domain name www.yourdomain.com or (hereinafter referred to as "Website") is owned by M/s ENEXT (OPC) Private Limited, which is a registered company, having its Registered Office at Dummy Address India. Herein after referred to as “ENEXT”).
In General
ENEXT owns and operates the website with its full ownership & control. This document governs your relationship with ENEXT as a Customer/Independent Distributor. Access to and use of this website and the products and services available through this website (collectively, the “Services”) are subject to the following terms, conditions and notices (“Website Terms of Use”). By using the Services, you are agreeing to all of the Website Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire website.
Website disclaimer
The contents of this website are only for information purpose. Users are advised to rely on information posted herein for any purpose only after verification and confirmation of the same from authentic and authoritative sources. Neither ENEXT nor the website developer is responsible for any consequences that may arise out of using such information without verification / confirmation. There may be time gap in internet / online posting / transmission of information and availability of such information at browsers’ end. Exact status may be confirmed from source
www.yourdomain.com .We are running this website, to promote our business within our Enext business. We are at Dummy Address India. Herein after referred to as “ENEXT”).The Payment Gateway, which we mentioned in this website, is our official account, the money collected from this website on behalf of ENEXT i.e. M/s ENEXT (OPC) Private Limited on the sale of products exclusively marketed by M/s ENEXT (OPC) Private Limited
Prohibitions
The services available on this website are for customers, who are interested and have requested to become a Customer/Independent Distributor of the ENEXT. Once you register as a user, you will permit us to fill ENEXT registration form and to mention your name where ever your signature is required.
You must not misuse this Website
www.yourdomain.com . You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and ENEXT will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of ENEXT or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by ENEXT and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with ENEXT you must be over 18 years of age. ENEXT retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
a)Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
b)Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
d)Customer/Independent Distributor
Upon receiving your request to become Customer/Independent Distributor with Company, that he / she has read, understood and accepted all the terms and conditions on the Application + Contract Form and ENEXT through its separate ENEXT Business Plan to provide incentives to its exclusive Independent Distributor and agrees to comply by all the terms laid down. To become an Independent Distributor is FREE with ENEXT. This document uploaded on the website
www.yourdomain.com . Independent Distributor of Company also agrees to read and comply by further amendments, which will be made from time to time from ENEXT.
c)Payment
There are various methods of payment used by ENEXT. These methods of payment can be online either through wallets/debit/credit card or account transfer. Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The amount received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the amount paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website
www.yourdomain.com is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, ENEXT and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to good will or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect C’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and / or locations featured on this website are in no way associated, linked or affiliated with ENEXT and you should not rely on the existence of such a connection or affiliation. Any trademarks / names featured on this website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to ENEXT.
Indemnity
Customers/Independent Distributors agree to indemnify, defend and hold harmless ENEXT, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or your breach of the Terms of Use.
Modification of Website Terms of Use
ENEXT shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/ or any page of this Website and its policies.
Invalidity
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforce-ability of any other part of the Terms of Use will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause / sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Communication with Customers/Independent Distributors
ENEXT ensures that any Product / Service Promotion initiated by ENEXT are informed to our customers though SMS and E-mails. In order to keep the customers informed about their transactions, ENEXT sends regular Transactional SMS and E-mails to the Customers/Independent Distributors from: enext@gmail.com .
If you have any queries with regard to the Website Terms of Use please contact:
www.yourdomain.com or by emailing to a dedicated email ID: enext@gmail.com
Entire Agreement
The above Terms of Use constitute the entire agreement of the parties and supersede any and all proceeding and contemporaneous agreements between you and company. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by a Partner/Authorized Signatory of ENEXT.
Termination
If ENEXT comes across any member of the site who has counterfeited or acted against the Website Terms of Use, the website has full authority to terminate the user account and claim penalty through the legal proceedings.
Governing Law
The Website Terms of Use are customized in a comprehend manner which reign in accordance with the laws of India. With reference to this aspect all the disputes/conflicts that are related directly or indirectly with these Website Terms of Use that belong to this website are to be submitted only in the adequate courts in Noida, Uttar Pradesh. The adequate courts are personalized with the related authority of its kind. In case if your disputes are found Counterfeit then you will be highly responsible to undergo the penalty of the jurisdiction.
Important Notice
ENEXT Code of Ethics, Policies and Procedures and Professional Marketing Guidelines ensure fair business practices by regulating the relations and dealings between Distributors and their prospects and/or customers.
When presenting ENEXT products and business opportunity to a prospect or customer, I agree to, at all times, observe, adhere to and strictly comply with, the following:
- Respect for and adherence to the laws of the country
- Provide accurate information about ENEXT compensation plan, products and sales methods
- Be accurate in any comparisons about products, or business plan;
- Refrain from any participation in any unlawful or unethical recruiting practices;
- Properly describe the relationship between a Distributor and ENEXT (Distributors are independent entrepreneurs of their own businesses and are not employees of ENEXT )
- Distributor commissions are a result of performance and hard work through ethical and successful selling; and
- Abide by ENEXT Policies and Procedures and Code of Ethics and convey that message to the prospects and/or customers
Furthermore, I hereby confirm that I am a citizen of India, at least 21 years of age or above, and that I fully agree to the following:
- The products and business model of ENEXT in India have been presented to me in full detail and all of my questions were answered to my full satisfaction
- The person who introduced me to ENEXT products and business model treated me fairly at all times
- I have completed the online ENEXT Distributor Application form to register as a Distributor on ENEXT official website and, in doing so, I have not used any false or fictitious name. All information provided by me are accurate and true
- I have read, understood and agreed with all the Policies and Procedures; I agree to comply with ENEXT Code of Ethics; and I accept and agree with ENEXT Earnings and Income Disclaimer. All information mentioned in this paragraph can be found at www.enext.com.
- I understand that the Company offers a 30-Day Buy Back Policy (calculated from the date of invoice of the product). I hereby agree that I will always inform customers about this policy, with relevant conditions for the same
- I have purchased a product of ENEXT out of my own volition for my personal usage and not for resale. Purchasing this product does not guarantee that I will earn any commission. ENEXT pays commission based on its compensation plan pursuant to my success in the product sales activities
- I am aware that there is no fee for enrolling as a Distributor
- In the event I receive any commission or any other income from my cooperation with the Company and/or its business, I take full responsibility for paying taxes from such income in accordance with the current legislation of my country and I understand that the Сompany or its affiliates or subsidiaries and/or its official agent are not responsible (legally or otherwise) if I fail to pay taxes from my income earned
- I acknowledge and understand that Distributors are not employees of the Сompany and all expenses related to their sales activities and related planning are solely incurred by the Distributors
- I understand and have been informed of the rules of purchase from the Company’s online store at www.ENEXT india.co and I use the services of the Company of my own free will. I have chosen a ENEXT product that suits me, personally paid for the order, and have received a payment purchase receipt that has been generated online as proof of order and payment.
I confirm that I have read, understood and agree to conduct the ENEXT Business in accordance with the Code of Ethics; and
The ENEXT business model was presented to me in full detail and all my queries have been answered to my full satisfaction; and
The person who introduced me to the ENEXT Business opportunity, explained the business to me clearly. I confirm that I have registered willingly, without any coercion or undue pressure from anyone.
I confirm that I have read and understood, and agree to abide by the below guidelines
- I am at least 21 years old and eligible to enter a business contract in INDIA.
- I have undergone an orientation session (online or classroom) about the Company and Business Opportunity, and I do not have any doubts about either.
- By signing below, I certify and acknowledge that I have read, understood, and agreed to be bound by the Policies & Procedures of the company.
- I agree to submit self-attested copies of the PAN card, Address Proof, Signature Proof, and Identity proof within 30 days of registration under the Know Your Customer (KYC) requirements, failing which the company has right to block access to the back office and commissions/incentives/rewards until such time the documents are submitted and accepted by the company.
- I understand that the company has a 30-Day Buy Back Policy (calculated from the date of invoice of the product). I hereby agree that I will always inform customers about this policy, with relevant conditions for the same.
- I will be solely responsible for complying with the Income tax, Service Tax, Professional Tax, GST, Sales Tax/VAT, Octroi, LBT and/or any other local taxes and levies for sales of products and services as may be applicable from time to time. Obtaining of all such licenses and registrations to run the business as a direct seller from time to time will be my responsibility. The company will not be responsible for any deviation and violation of any such legal/statutory requirement from my end.
- I hereby agree that TDS (Tax Deducted at Source) will be deducted by the company from the commissions payable to me.
- I hereby confirm that my referrer explained the Business Opportunity to me clearly. I also confirm that I have registered willingly, without any coercion or undue pressure from anyone.
- I am aware that there is no fee for enrolling as a Distributor, and that there is no compulsion to purchase any products to enroll or otherwise in this business opportunity.
- I understand that the compensation on sales of products and services will be calculated as per the Compensation Plan of the company published on the company's official website, which may be revised according to the statutory requirements.
- I shall always commit and communicate as trained and authorised by the company and never mislead or give any unauthorised information nor any competitive comparison/advantage of the products and services to the prospective customers/prospective Distributors.
- I shall not unfairly denigrate any other organisation, brand, or product, directly or indirectly.
- I shall not make any product claims on my own and would share the information only from the official publications authorised by the company. Also, I shall not misrepresent the earning potential of this Business Opportunity and shall always transparently share documented facts published on the official website of the company.
- I acknowledge and confirm that I will be, always, an independent, self-employed entrepreneur in relation to this Agreement as a Distributor, and will not, at any time, claim or represent to be an employee of the company, nor will I claim any benefits accruing to the employees of the company.
- I understand and accept that in case of my resignation or the termination of this Agreement due to non-compliance of any condition/s mentioned in the Distributor Application form and Policies & Procedures, I will lose the right to claim commissions/incentives/rewards, access to the back office, and right to purchase products/sales tools, etc., and I will not be eligible to get any remuneration from the company.
- I hereby declare that I am not engaged and will not engage in any anti-national activities, directly or indirectly.
- I accept the right of the company to reject this application for registration at its absolute sole discretion, without specifying any reasons thereof.
- I am authorised to enter in an agreement with the company and sign the Application Form.
- I also confirm and agree to abide by such terms and conditions as modified or amended by the company from time to time.
- I understand that upgrade of systems and processes is an ongoing exercise and the company will continue to work on the same, and I hereby confirm that I have read and understood the latest available information on the company’s official website before signing the application form. I also understand that in case of any clarification on the same, I can write to support.centre@enext.in .
- I fully understand that if I do not agree with the Policies & Procedures, I am free to resign by downloading, filling up, and sending the resignation form to the company.
- I undertake to confirm the accuracy of the information by referring to the company’s official website before propagating the same.
- I hereby declare that the details furnished above are true and correct to the best of my knowledge and belief, and I undertake to inform you of any changes therein, immediately.
- In case any of the above information is found to be false or untrue, I am aware that I may be held liable for it and the company may terminate this Agreement as soon as the company confirms the same and take legal action against me to recover the commissions, bonuses, and rewards, etc. paid to me.
- I hereby acknowledge that I have reviewed and understood this Distributor Application and Agreement, along with all the relevant documents, including the Code of Conduct, Policies & Procedures, and Compensation Plan defined herein as “Materials” which are incorporated herewith, and that I agree to be bound by all of them.
- I understand that this agreement will be terminated in case of no business done for a consecutive period of 24 months.
- I hereby agree to send in any complaints to the company on the official email address grievancecell@enextindia.in and give the company 45 days to provide an unbiased resolution according to the policies of the company before escalating it to the Department of Consumer Affairs or any other government body.
- I agree to receive updates from the company on my registered email address and registered mobile number.
- I understand that the personal details I have shared with the company, along with data regarding the business, may be shared with the governmental agencies, if required.